According to the two top party leaders, the conduct of the respondents adversely affected their right and freedoms guaranteed by the constitution of Uganda and have occasioned untold inconveniences, mental anguish and distress for which they should be held liable and responsible.
State Attorney Martin Mwangusha who was relying on the affidavit of the Director Operations Uganda Police Force, Edward Ochom and Brigadier Dr Godard Busingye the Chief of Legal Services in UPDF opposed the case and asked court to dismiss it.
Mukulu’s decision to withdraw the application was communicated to court by his lawyers, Anthony Wameli and Geoffrey Turyamusiima on Thursday afternoon. Their client appeared in court via video link from Luzira Upper Prison.
Mukulu was arrested from Tanzania and extradited to Uganda in 2015 on charges of terrorism, murder, aggravated robbery, attempted murder and being a member of a terrorist group. He had reportedly commanded members of the allied democratic forces to acquire firearms, training and funding for dissident activities.
Wameli noted that the said offenses contravene provisions under Article 29 of the Constitution mostly the one that talks about freedom to assemble and demonstrate peacefully. Wameli thus asked Buganda Road Court to halt the proceedings and refer the file of his clients to the Constitutional Court for interpretation on whether the offenses against them violate their constitutional rights or not.
In July, 2019 after President had ascented to the Human Rights Enforcement Bill, the Inspector General of Police Martin Okoth Ochola issued a circular to all Police officers warning them to desist from violating people's rights.
Justice Henrietta Wolayo of Civil Division of High Court on Friday ordered the Attorney General and Police to produce the two in court on Monday and explain why they have been detained for more than mandatory 48 hours.
The four were picked up together with their lawyer, James Mubiru shortly after being discharged by the Registrar of the International Crimes Division of High Court; Esther Nasambu following their bail release by Justice, Lydia Mugambe. Both uniformed and plain clothed security officers locked at the main gate of the court to block the suspects from leaving.